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December 1, 19773 MINUTES WEST MEMPHIS CITY COUNCIL December 1, 1977 '' A regular- meeting of the West Memphis City Council was held in the Council Chamber at City Hall in West Memphis, Arkansas, on December 1, 1977, at 1:30 P. M. Reverend Ben Hines of First United Methodist Church offered prayer. Present were: Mayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: R. H. Ray Doug Shelton W. R. Spencer Lloyd Woodell Don Grimsley Charles Hampton James Hightower Pritchard Horton Doug Morris Councilwoman Roberta Jackson b e ing a quo rum. An announcement was made by City Attorney Robert Smith that Deputy City Attorney, Tom Montgomery, has accepted the position of Public Defender for Crittenden County and has resigned from his position of Deputy City Attorney. Attorney Jimmy McCaa has been appointed Deputy City Attorney. A request was made by Loretta Williams to the council for permis- sion to continue to operate on a part-time basis a beauty shop in her home at 519 South Nineteenth Street. Alderman Grimsley made a motion to grant permission for one year. Alderman Spencer seconded the motion and upon voice vote, all aldermen voted "Aye" and it was unanimously RESOLVED, That Loretta Williams, 519 South Nineteenth Street is hereby given permission to operate a beauty shop part time in her home for a period of one year. Ms. Williams also volunteered to serve on the Board of Review if the mayor would appoint her. Mayor Ferguson announced the first item of old business to be the second reading of an ordinance to amend Sec. 8. 2 of Ord. 715 con- (beauty shop permitted) cerning an application for the construction of mini-warehouses. 3 City Attorney Smith read the ordinance the second time. Alderman Grimsley made a motion to adopt the ordinance on the second reading. Alderman Hampton seconded the motion. Alderman Jackson stated she had received a petition with thirty-two names from citizens in the area where the mini-warehouses are to be built and had presented each member of the council with a copy of the petition. Dr. Lambert, owner, and his attorney, Jim Johnson, Jr. , both explained the details of construction and appearance of the buildings, speaking in favor of the ordinance. After discussion and upon roll call vote, all aldermen voted'~.ye" with the exception of Councilwoman Jackson who voted "No". The motion carried by a vote of nine to one and it was 2nd R. (mini-ware- RESOLVED, That the ordinance to amend houses) Sec. 8. 2 of Ordinance 715 concerning mini-warehouses is adopted on the second reading. The mayor announced the next item of business to be an ordinance amending the Civil Service Ordinance No: 835, giving the ordinance a new title. City Attorney Smith read the ordinance the second time. Alderman Hampton made a motion to adopt the ordinance. - Alderman Ray seconded the motion. There being no discussion and upon roll call vote, all aldermen voted ''Aye" and it was unanimously 2nd R. RESOLVED, That the ordinance amending (mini-ware- Sec. 8. 2 of the Civil Service Ordinance 835 houses) is hereby adopted on the second reading. Mayor Ferguson stated the next item on the agenda to be a resolution authorizing the mayor to execute appropriate agreements and contracts necessary to expedite the construction of improvements on Dover Street Extended. City Attorney Smith read the resolution. Alderman Grimsley made a motion to adopt the resolution. Alderman Horton seconded the motion and upon roll call vote, all aldermen voted "Aye" and it was unanimously adopted and given number 609. Resolution follows. RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE APPROPRIATE AGREEMENTS AND CONTRACTS NECESSARY '' TO EXPEDITE THE CONSTRUCTION OF IMPROVEMENTS ON ~'~ '~ DOVER STREET EXTENDED BE IT RESOLVED BY TIDE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: That the Mayor is authorized and directed to execute all documents necessary to expedite the construction of improve- ments on Dover Street Extended. THIS RESOLUTION ADOPTED THIS DAY OF 1977. APPROVED: r ? I, '' V ~' ~w': --- Mayor ATTEST': -, i~" ~~ City Clerk f/~.% (seal} 3_ Mayor Ferguson stated the necessity of suspending the rules to put resolution on the agenda giving the mayor authority to sign a bond on the appeal of the Haney case. Alderman Horton made a motion to suspend the rules to allow the matter to come before the council. Alderman Morris seconded the motion and upon voice vote, all alder- . men voted "Aye" and the matter was brought before the council. City Attorney Smith read the resolution. Alderman Grimsley made a motion to adopt the resolution. Alderman Horton seconded the motion and upon voice vote, all aldermen voted "Aye" and the resolution was unanimously adopted as follows and given number 610. "The Mayor will be authorized to execute a bond on the appeal of the Haney -case, the city's appeal of a verdict against the City of West Memphis which judgement was rendered in an amount which is yet to be determined. The Mayor needs the authority to sign a bond which amount will be somewhere within Six or Seven Thousand Dollars. " Mayor Ferguson stated that we have suffered a great loss in the State of Arkansas by the death of our senator in the United States Senate, and that a resolution had been prepared to send to his family in Little Rock. Alderman Morris made a motion to suspend the rule s to put the resolution on the agenda. Alderman Horton seconded the motion and upon voice vote all aldermen voted "Aye" and the matter was allowed to come before the council. City Attorney Smith read the resolution. Alderman Jackson made a motion to adopt the resolution. Alderman Morris seconded the motion and upon roll call vote, all aldermen voted "Aye" and the resolution was unanimously adopted and given number 611. Resolution follows: RESOLUTION NO. S2« WHEREAS, The Mayor and City Council, in behalf of all City `` Officials and the Citizens of West Memphis, Arkansas, wish to express in humbleness and gratitude their appriciation of the Honorable John L. McClellan, United States Senator from Arkansas, distinguished citizen and statesman. THEREFORE, BE IT RESOLVED, That the Mayor, City Council, City Officials and Citizens of West Memphis, Arkansas, in recognition of his eminence and of his devotion to his country, hereby extend sympathy to his family at this time of Ioss. During his fifty years of public service, Senator John L. McClellan has greatly enriched the lives of this 1 citizens of this City, the State of Arkansas and the United States of America. Mayor ATTEST: '~-- City Clerk ~/ 6' ~`~ I Date t ~~' 3 request of Councilwoman Jackson, Mayor Ferguson recognizes tune Simmons. The mayor stated it would be necessary ', to suspend the rules to permit Ms. Simmons to speak at this time. Alderman Jackson made a motion to suspend the rules to allow Ms. Simmons to speak to the council. Alderman Grimsley seconded the motion and upon voice vote, all aldermen voted "Aye" and the mayor recognized Ms. Simmons. Ms. Simmons stated that some- ', body owes her some money because she had rented the L. R. Jackson ', building for a program and couldn't use the building because it was too cold and the heat had not been turned on. The program was moved to Eugene Woods Civic Center and Ms. Simmons felt this move caused her to lose money on attendance. Mr. Cramer, Director of the Parks ', Department, explained that his crew had prepared the building for use and had been assured by the contractor renovating the building that the gas would be turned on so the building could be used. Mr. Cramer stated the price charged for renting the building had been taken care of, that Ms. Simmons check to the Parks Commission had been torn up after it was discovered the heat had not been turned on in the building. During discussion, Alderman Hampton made a motion that the matter be turned over to the small claims committee for their consideration. Alderman Woodell seconded the motion. After further discussion, Alderman Hampton withdrew his motion. Alderman Woodell withdrew his second and made a motion that if they can come forward with information evidencing proof of damages, the small claims committee should consider it. Alderman Jackson seconded the motion and upon roll call vote, all aldermen voted "Aye" with the exception of Alderman Horton who voted "No". By a vote of nine to one, it was RESOLVED, That the matter is hereby (small claims turned over to the small claims committee committee) for consideration. City Attorney Smith asked Ms. Simmons to call his office to set a time for a meeting. After further discussion of the matter, Alderman 3 Horton suggested that the L. R. Jackson building should not be rented until the building is completed or if it is that the city is not to be held responsibile for damages. After more discussion, Alderman Morris called for a five minute recess. Alderman Shelton seconded the motion and upon voice vote, all aldermen voted "Aye" and the mayor declared a five-minute recess. The meeting was called back to order by the mayor. After more discussion concerning the L. R. Jackson building, Alderman Horton made a motion that the building not be rented after December 3 until the contractor has fully completed his project. Alderman Shelton seconded the motion. Upon roll call vote, all aldermen voted "Aye" and it was unanimously (L. R. Jackson) RESOLVED, That after December 3, the L. R. Jackson Building will not be rented until after the contractor has completed the renovation project.. City Attorney Smith advised Ms. Simmons to send the City Attorney a letter stating what losses were incurred and the proof of losses to substantiate the claim. The mayor added that the City Attorney will set a meeting and she (Ms. Simmons) should come and state her case before the small claims committee. Alderman Morris, Chairman of the Fire Commission, made a motion to set aside $10, 000 from the surplus of the 1977 budget for repairs to the roof on three fire stations. Alderman Horton seconded the motion and upon voice vote, all aldermen voted "Aye' ` and it was unanimously Fire Dept. (fire stations RESOLVED, That $10, 000 shall be set aside roof repairs) from surplus of the 1977 budget for roof renovations for three fire stations. Alderman Woodell suggested that the committee on higher education should meet after the appointment of a new president at ASU. West Memphis should have a study conducted and that when the new president is elected would be the time to start working on it again. Alderman Horton, Chairman of a special committee on the a lication for a franchise for bus service, reported that he had not pp been able to meet with Mr. Walker, the applicant, and it may be after the first of th~year before he could bring a recommendation to the council. City Attorney Smith said he had talked with Hamilton Smythe 379 and they felt that the council should call for a public hearing when anyone made application for a transportation system operation in the City of West Memphis. Alderman Hampton asked whether or not Mr. Smythe had an exclusive franchise. Alderman Horton replied that neither he, Mr. Smith or Mr. Smythe knew whether or not he has an exclusive franchise; that Mr. Smythe has been here thirty years and feels he has offered good L service, but they can't find anything about a franchise. '' Mayor Ferguson asked Alderman Grimsley to ask the Utility Commission to make a recommendation to the council for an appointment of trustee to the pension plan. Mayor Ferguson announced the Christmas Parade for this evening, December 1, 1977; also a movie being held by Dale McCrosky for city officials at the Holiday Twin for what he termed "appreciation day for city officials. " The mayor announced Energy Conservation Day on December 3, with a program from 1 - 5 at the auditorium. The mayor announced that budget meetings are to be held at 5:30 on Monday, Tuesday and Wednesday of the coming week. Alderman Shelton stated he had a letter from City Attorney Robert Smith that he wished to read to the council. Alderman Shelton read the following letter addressed to the mayor and the city council: A .: November 21, 1977 ''~ MEMORANDUM T0: MAYOR JOYCE T. FERGUSON MEMBERS OF CITY COUNCIL ~' FROM : ROBEP.T L . SMITH , CITY ATTORTIEY '' SUBJECT: CONTRACTS AND SERVICES EXECUTED BY ELEC'r'rD OFFICIALS WHO HAVE AN INTEREST At the request of a member of the West Memphis City Council at the meeting on November 15, 1977, I stated that there was a statute which prohibited Council members from ' r cts or services in which the have an 'n cont a Y i en a in g g g interest. I also stated that the case of Price V. Edmonds, 337 SW 2d 658, decided in 1961, a West Memphis case, pertained to the same subject. A review of this case, a part of which is quoted below, indicates that it is illegal for all municipal '~ officers to be financially interested in a contract or services ~', which indirectly or directly effects the City. The Price v. Edmonds case states: "It is well settled that the common law rule prohibited municipal officers from self dealing in regard to the sale of materials as well as in contracts or jobs for work or services" Several pages on this subject may be read in my off ice, by reading Psc(~uillin Municipal Corporations , Vol . ],0 , Section 29,97. A suggestion to eliminate the problem is to compensate all municipal officials sufficiently where the duties required are adequately compensated by legislative action. `~R~b ~~ t~ `Z . S~ii Ali ~ ', City Attorney ' !, RLS/wa ~.M Alderman Shelton stated that in view of this letter he Wished to make a motion that the mayor rescind her letter of June 1, 1977, ap- pointing Mr. Aubray Holt as agent of record for the pension plan for cit employees, and to ask Mr. Holt to refund any monies he may y have received because of the illagality of it. Alderman Ray seconded the motion. During discussion, Alderman Horton stated he Would like to have more time for study of the matter. Alderman Ray Withdrew '~ his second and Alderman Shelton Withdrew his motion and asked that the matter be put on the agenda for next meeting. Mayor Ferguson stated the matter Will be on the agenda for next meeting. Alderman Spencer made a motion that a resolution be prepared by the City Attorney commending Tom Montgomery for his service to the city as Deputy City Attorney. Upon motion being duly seconded and voice vote, all aldermen voted "Aye'' and it was unanimously agreed that the resolution should be prepared. The City Attorney was asked to write the resolution. There being no further business to come before the council, ', Alderman Grimsley made a motion to adjourn. Upon motion being '' duly seconded and voice vote, all aldermen voted "Aye" and the mayor '' adjourned the meeting at 3:15 p. m. Mayor ATTEST: ~"' Date Approved: ;' ~ ~' ~ ~ Prepared By: ~~,~.. /,~..~~~,i,~,~ ~' ? ~1~